What Are Incidental and Consequential Damages Under California’s Lemon Law?
October 31, 2024- Categories: Lemon Law Lemon Law FAQs
Consumers who have purchased a lemon vehicle might know that the California lemon law offers a legal remedy through which a consumer can pursue a buyback or get a replacement vehicle from an auto dealership. However, in addition to a refund of the purchase price of the vehicle itself, consumers can also qualify for additional damages that they incurred as a result of buying a lemon vehicle and pursuing a remedy. That’s because there are different kinds of damages you can be awarded in a lemon law case. While definitions and understandings of various damages can be imprecise and are sometimes used interchangeably, they actually differ.
What are the different types of damages in CA lemon law cases? Let’s take a closer look:
Direct Damages
These damages arise when a manufacturing defect forced you to take your vehicle to a repair shop repeatedly and pay a mechanic to attempt to fix it or replace parts. An example of this would be the cost of repairing or replacing a faulty steering system.
Consequential Damages
These damages flow logically, but indirectly, from the vehicle’s manufacturing defect. For example, if you used the car for your Uber business, then consequential damages could include the profits you lost (by not being able to transport passengers) during the days or weeks your car was in the shop.
Incidental Damages
These damages are the costs you incurred in the process of trying to avoid additional direct and consequential damages. Examples could include:
- Rental car
- Rideshare costs to take you to and from repair appointments
- Tow truck charges.
Consequential and incidental damages can sometimes be less obvious, and even hidden, but they are recoverable if you have skilled and experienced lemon law attorneys who know what they’re doing.
The Song-Beverly Consumer Warranty Act, California’s lemon law, is codified at Civ. Code, § 1793.2 et seq. It comes into play in lemon law cases. But so does the California Commercial Code, sections 2711 – 2715, et seq., which articulates what qualifies as consequential and incidental damages. It defines these, in part, as:
“expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. ”
As you can see, it takes a knowledgeable attorney to understand the complexities of the California lemon law, and that’s one of the reasons consumers should hire a lawyer rather than trying to pursue a lemon law claim on their own.
Examples of Different Types of CA Lemon Law Cases
There are different types of CA lemon law cases. Some of these are:
New Car Lemon Law Cases
New car lemon law cases are typically for vehicles still under manufacturer warranty and in the possession of the original owner.
Used Car Lemon Law Cases
Used car lemon law cases involve pre-owned vehicles that have one of three different types of warranties in effect, including:
- Transferred Original Manufacturer Warranty
- Certified Pre-Owned Warranty
- Lemon Law Buyback Warranty.
Leased Vehicle Lemon Law Cases
California lemon law also covers leased vehicles, and claims for damages can be pursued by lessees.
Motorcycle, Boat, RV, and Other Vehicles
California lemon law doesn’t cover only cars, trucks, and SUVs. It also extends to boats, motorcycles, RVs, and some other recreational vehicles.
If you’re unsure whether your vehicle qualifies for lemon law protection in California, talk to an experienced lemon law attorney. Be prompt with your claim, because there’s a 4-year statute of limitations on lemon law cases in California. At Neale & Fhima, though, despite the 4-year window, we have sometimes qualified cars that are older. Give us a call and ask us how!
How a Lawyer Can Help You Get Fair Compensation Under California Lemon Law
Research shows that consumers who are represented by a lawyer in legal claims almost always get better results than individuals who try to file claims alone. Whether that means a quicker resolution, higher payout, or fewer headaches, there are several ways a lawyer can help you get fair compensation under California lemon law – and make your life a whole lot easier and less stressful.
The California lemon law attorneys at Neale & Fhima stand head and shoulders above the rest. With our law firm, you get the best and brightest attorneys. Here are a few of the reasons to choose us when selecting your lemon law lawyer:
- We Know the Law. California lemon law is complicated at best, and baffling at worst. Rest assured, we know the law backwards and forwards.
- Our Lawyers Win Cases. Neale & Fhima has a 99% success rate in lemon law claims. If you want to win, choose us.
- No Surprises. We tell you up front what you can expect from the legal process. You don’t have to guess.
- Years of Experience. Our attorneys have more than 40 years of combined experience representing clients throughout Southern California.
- We Value Client Relationships. You matter to us. You’re not a number on a case file. We treat clients like family.
- Free Consultations. Call us. It’s free. What do you have to lose?
Contact Neale & Fhima Today
If you are frustrated because you’ve purchased a lemon and don’t know where to turn, call Neale & Fhima today at 949-661-1007. Our highly skilled attorneys can answer your questions and explain your legal options. In addition to direct damages, you could also qualify for consequential and incidental damages in your lemon law case. Our lemon law lawyers will leave no stone unturned in calculating the maximum damages you qualify for.
At Neale & Fhima, we treat clients like family. You matter to us. Our compassionate legal team will walk beside you every step of the way throughout the legal process. We keep lines of communication open, and we’ll keep you updated on the status of your case, so you’ll never have to wonder. Call us today to get your case started.
Attorney Aaron Fhima
Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.
